A Douglas County judge on Monday ordered a 22-year-old Lawrence man to stand trial on a charge of attempted aggravated battery against a law enforcement officer related to a Nov. 29 standoff with police.
During a preliminary hearing Monday, prosecutors accused Brian Lee Bailey of pointing a gun — with his finger inside the trigger guard — at the front door of a mobile home in the 3200 block of Iowa Street while officers were standing outside. Police were responding to a domestic disturbance that evening. A sergeant who had gone to the back of the mobile home testified he looked through a window and saw Bailey point the gun in the direction of the door.
“That led them to believe the defendant was ready to shoot,” assistant district attorney Catherine Decena Skinner said.
Whether officers had identified themselves as police was a point of contention during the hearing.
Bailey’s defense attorney said it was dark and Bailey was attempting to defend his property from possible intruders.
“There were no threats made to the officers that they were going to be harmed,” defense attorney Clinton Lee said.
Lee said the revolver found later in a secluded place in the bedroom was not loaded. Bailey eventually peacefully surrendered to police.
Skinner argued Bailey was aware the men were police because an officer testified when he went to the front door he saw a man peek his head out briefly and then suddenly close and lock the door. Skinner also said an officer identified himself as police.
About the same time, Sgt. Trent McKinley, a shift supervisor, said he had moved to the back door of the residence in case anyone tried to run out that way. McKinley said as he looked through a window he saw the woman at one point walking backward waving her hands and telling the man, “Don’t do it.” He said he then saw the man jump onto a couch inside and turn to face the area of the front door.
“I immediately saw a large, black handgun in his hands,” testified McKinley, who immediately said the word “gun” several times into his police radio signaling two officers at the front to retreat.
McKinley also testified he saw Bailey in a stance that made him believe he was preparing to fire the gun in the direction of the door.
Prosecutors did drop an aggravated intimidation of a witness felony charge against Bailey. He also faces misdemeanor domestic battery and criminal restraint charges related to the incident.
District Judge Sally Pokorny is scheduled to arraign Bailey on March 19.